Hayidar Ali A H vs State Of Kerala

A. Badharudeen, J.

This is a petition filed by the petitioner, who is the sole accused in S.T.No.17/2018, on the file of the Additional Chief Judicial Magistrate Court, Ernakulam, with a prayer to direct the learned Magistrate to to consider the bail application which would be filed by the petitioner in the above case and release the petitioner on bail, on the date of his surrender itself.

Heard the learned counsel for the petitioner on admission.

The learned counsel for the petitioner submitted that the petitioner, who is the accused in the above case, was not in station for the last several years in connection with his work and he was totally unaware of the proceedings pending before Additional Chief Judicial Magistrate Court, Ernakulam, against him. It is also submitted that, since he could not appear before the court below in time, coercive steps under SectionS 82 and 83 of the Code of Criminal Procedure has been issued by the court below. Now, he is ready to concede the jurisdiction of the Magistrate Court. However, he apprehends detention since non-bailable warrant has been pending against him.

Since the petitioner is ready to concede the jurisdiction of the Magistrate Court, there shall be a direction to the learned Magistrate to consider his bail application, if any, filed on the date of his surrender itself, considering the fact that the offence involved in this matter is only a deemed offence.

The petitioner shall surrender before the Magistrate Court, within a period of seven days from today. It is specifically ordered that, if any proceedings initiated in this matter for forfeiture of bond, the court below shall proceed to realise the penalty for forfeiture of bond from the sureties and the accused, in accordance with law.